Social Security Disability Insurance Lawyers in Arizona

Helping Disabled Individuals Receive the Benefits They Deserve

If you have a disability that leaves you unable to work to support yourself or your family, you have options. In Arizona, including Phoenix, Scottsdale, Tucson and Flagstaff, individuals can apply for Social Security Disability Income as supplemental income to fund their lifestyle. Disability benefits help individuals who cannot work to support themselves and their dependents. Unfortunately, the application process can be complex, and some individuals find themselves applying and appealing multiple times until the Social Security Administration approves their request.

While it’s possible to submit a Social Security disability application on your own, many people find more success with an experienced legal team on their side. If you are looking into Social Security disability benefits or you’ve already submitted an application and been denied, our team can help. Our lawyers at Roeschke Law have years of experience helping our clients get disability benefits to support themselves and rely on supplemental security income. No matter where you are in the process, our Arizona SSDI attorneys can help you. For more information, contact our office today by calling 480-999-4740.

What is Social Security Disability Insurance?

Social Security Disability Insurance (SSDI) is made to support individuals with disabilities. The SSDI program provides benefits to disabled individuals and certain family members as long as the applicant is “insured.” Being insured means that you have worked long enough and recently enough to qualify and pay Social Security taxes on your income. The SSDI program has strict requirements for qualifying and is run by the Social Security Administration. Because the SSDI program has limited funds, many individuals apply while only a small percentage are accepted.

Who Qualifies for Social Security Disability Insurance?

Social Security Disability Insurance gives monetary benefits to disabled people between 18 and 65. To qualify for SSDI benefits, you must have worked long enough and recently enough to meet the SSA’s standards.

According to the SSA, you may qualify for SSDI benefits if the following are true:

• You are 18 or older
• You do not already receive benefits under your Social Security number
• You have not been denied benefits in the past 60 days
• You cannot work because of a medical condition that is expected to last over a year or be fatal

To qualify for any disability benefits, you must meet the SSA’s definition of “disabled.” According to the SSA, being disabled means having a medical condition or conditions that leave you unable to perform substantial gainful activity. Substantial gainful activity is a sustained period of work that allows you to support your family. If you work and earn more than $1,470 monthly in 2023, you typically do not qualify for disability benefits. Similarly, your condition must also be severe and limit your ability to stand, sit, walk, remember, or lift objects. The SSA has a list of disabling conditions that you can compare your disability with. If your disability is not on the list, the SSA will compare it to those on their list to see if it falls under their definition.

To qualify for SSDI benefits, you must also prove that your medical conditions prevent you from performing any of your past work and any other type of work. The SSA will evaluate your conditions, education, work experience, age, and transferable skills. If the SSA believes there are other jobs you could be doing, then they will likely deny your claim.

If you meet the SSA’s definition of disability, they will also look at how many “work credits” you have. These work credits are calculated based on your yearly income. Individuals can earn up to four work credits every year. The amount of work credits you need to qualify for SSDI changes annually and also depends on the age at which you became disabled. In general, you need 40 work credits, and 20 of them must have been earned in the last ten years. Younger workers may qualify for SSDI with fewer credits.

What is the Application Process for Social Security Disability Insurance?

You can apply for SSDI by phone, online, or in person. Any way you do it, the steps are essentially the same.

Below is a general overview of the application process:

• Gather information and all the documents you need to apply. The SSA has a document checklist on its website you can use for reference.
• Complete and submit the Social Security disability application.
• The SSA will review your application to ensure you qualify for disability benefits.
• The SSA will confirm you’ve worked enough years to qualify.
• The SSA will evaluate any of your current work activities.
• The SSA will process your application and send it to your local Disability Determination Services office.
• The state agency will decide whether to approve or deny your application form.

Once you have applied for benefits, it will likely take between three and six months to get a response. The processing time for your application varies greatly depending on the nature of your disability, applicable quality reviews, and necessary medical evidence or examinations you must include. If your application is missing information or the SSA officers have questions, they will contact you to get more information. The SSA office may also request additional documents or medical records before proceeding with your application.

The SSDI application process is long, and it takes most people one to two hours to complete it. Our team recommends that you gather all your information, including your work history, medical records, and personal information, before starting your application. If you have any questions or need assistance completing your application, reach out to our attorneys today.

How Do You Appeal a Decision About Social Security Disability Insurance?

After submitting your initial application, there is a possibility that your disability benefits claim will be denied. Unfortunately, the Social Security Administration has limited funding, meaning they cannot accept all applicants. You have the opportunity to appeal their decision if you disagree with it.

There are four opportunities you have to appeal a decision about disability benefits. You may not have to go through every step, as your claim may be approved before needing to continue. However, it’s important to understand every step in the appeals process.

Below are the four ways to appeal a SSA decision:

Request for Reconsideration

Reconsideration is the first step in the appeals process. After you receive a denial notice, you can file a request for reconsideration online or by mail. You must file within 60 days of your denial letter, which typically comes in the mail five days after the decision is made.

If you are already receiving benefits and want to continue receiving those benefits during the appeals process, file your request within ten days of receiving your denial notice. If you submit your request after ten days, you may still be able to receive benefits at a decreased rate.

Once the SSA has reconsidered your case, they will send you notice of their reconsideration determination. It’s possible that the SSA will deny your claim a second time, in which case you can move on to the next appeal method.

Hearing

If you disagree with the reconsideration determination, you can request a hearing before a judge. You can file this request online or via mail. You must file within 60 days of receiving your reconsideration determination. You will be told when your hearing date is once the SSA processes your request.

You can submit new evidence to the judge if you believe it will change the determination for your case. At the hearing, you have the opportunity to subpoena documents or witnesses to testify for you. The judge may also call upon witnesses, like medical experts, to give their testimony. If you are appealing for a non-medical reason, then your evidence and the hearing must focus on those issues.

The hearing is informal, but in most cases, the SSA will make an audio recording that you can request a copy of. The judge will send a copy of the hearing decision once it is made.

Appeals Council

If you disagree with the judge’s decision after your hearing, you can request an appeal by writing for an Appeals Council review online or in person. You must ask for this review within 60 days of your hearing decision notice. You can submit new evidence to the Appeals Council if you believe it will change their decision. The Appeals Council will review your case along with any new evidence presented.

The Appeals Council can issue a variety of decisions, including granting, denying, or dismissing your request. They may approve your application, remand your case for further proceedings before a judge, or reject your application altogether.

Federal Court

If your application is denied by the Appeals Council, you have one final chance for appeal with your initial application. You can work with a member of our legal team to file a civil action with the U.S. District Court. You must file this action within 60 days of receiving notice from the Appeals Council. The U.S. District Court will review the existing evidence and the previous decisions made.

If the U.S. District Court denies your application, that is the end of the appeals process. Fortunately, you do not have to give up on receiving disability benefits. You can still submit a new application from scratch to start the process over again. However, it is recommended that you wait until your medical condition has changed before starting a new application.

What’s the Difference Between SSI and SSDI?

Supplemental Security Income (SSI) is similar to SSDI, although it has slightly different requirements. SSI is given to disabled, blind, or elderly individuals with limited financial resources. SSI benefits can also be provided to children with a qualifying medical condition. SSI does not depend on your work history; instead, it is given to individuals who qualify and who can prove they are in financial need. Elderly and disabled individuals who do not qualify for SSDI benefits are often encouraged to apply for SSI instead.

The application and appeals process for both SSI and SSDI benefits is very similar and requires information about your medical history, work history, and personal information. When applying for SSI, you must be able to prove financial hardship and the inability to work or perform substantial gainful activity. If you have questions about applying for SSI and whether you are qualified, reach out to a member of our team today.

What Can a Social Security Disability Insurance Attorney Do for Me?

Applying for Social Security benefits can be an overwhelming process. Gathering all the necessary documents, explaining your work history, and submitting a complete application all take time and energy you may not have. Filling out your application thoroughly with all your necessary information is the best way to improve your chances of getting your claim approved. If you qualify for SSDI benefits and want to take advantage of this program, our team can help you.

Our attorneys at Roeschke Law have years of experience helping our clients apply for disability benefits. From getting the application started to getting the proper medical evidence, we know what the SSA needs to see to approve your claim. If your first application is denied, we can also walk you through the appeals process and advocate for you in front of a judge or council. If you are disabled and need benefits to support yourself and your family, we are here to help. Call our office today at 480-999-4740 to learn more.